Asked & Answered

A&A: Police Deny Request for Previously Public Statement Claiming Exemptions

Q: I am seeking public records from the Police Department. They routinely deny access to records claiming exemptions. In 2017 police drew guns on a group of black youth at the Target store. After a viral video criticizing the incident was posted and subsequently deleted, the Police released a statement. My request for records from the incident were denied by the police. I would like to challenge their refusal to provide the records claiming an

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A&A: How does one deal with CPRA Request Response Denying the Records As ‘Privileged’?

Q: How does one deal with ‘Privileged’ designation in a Public Records Act request response? A:  Both the attorney-client privilege and the attorney work-product privilege are incorporated into the Public Records Act through Government Code§ 6254(k). In general, California law provides that confidential communications between a lawyer and his or her client are privileged and do not have to be disclosed. Evidence Code §§ 954-955.  However, not everything that passes an attorney’s desk is covered by this

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A&A: Accessing Court Dispositions

Q: I am trying to get the court disposition from a case in 1993 in Sacramento and a 2000 case in St. Louis, Missouri. Who or where do I get this info from? A: I would suggest calling the clerk’s office at each of these courts to ask if you might be able to access the court files, which should contain the disposition of each case,online.  For example, Sacramento Superior Court has an online access

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A&A: Denied Access to City Attorney Fees in Police Officer Assault Case

Q: I recently submitted a PRA request to our city attorney’s office regarding the legal defense of a city police officer. He is facing trial for assaulting a suspect. I simply inquired if he was paying his own defense or if the city was footing the bill. Their response was that 1) My request was in reference to pending litigation and therefore the city would not respond, and 2) attorney invoices, including general information, is subject

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A&A: What are the free speech rights of public employees? Q: I am a member of the governing board of the Unified School District.  An employee just told me that the superintendent told her that if she speaks to any board member she would be “dealt with.” The conundrum is this: Employees share their concerns with us but ask that their identities be kept confidential. The superintendent has said that unless the person is willing to

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